Ledagu Ram Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2927 of 2017 Ledagu Ram Sahu S/o Shri Punari Sahu, Aged About 64 Years R/o Village Singarpur, Tahsil Bhatapara, Police Station Bhatapara, (Gramin), Revenue And Civil District- Baloda Bazar- Bhatapara, CG. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer Police Station Bhatapara (Gramin), Revenue And Civil Distric- Baloda BazarBhatapara , CG. ---- Respondent For applicant Mr. A.P. Sharma, Adv.

For Respondent/State Mr. Anant Bajpai, PL.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board /05/2017

1. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 8-4-2017 in connection with Crime No. 133/2017 registered in PS Bhatapara (Gramin), Distt. Baloda Bajar Bhatapara for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915.

3. Learned counsel for the applicant submits that charge sheet is not filed, the applicant is remanded by the CJM Baloda Bajar. This is his first bail applicant before this Court. He is first offender. He will not commit any offence in future if granted bail. He may be granted bail as the trial may take time. As per allegation, 6.000 bulk litre country liquor has been seized from the conscious possession of the applicant without any licence or permission. Therefore, the applicant may be enlarged on bail.

4. Per contra learned State counsel opposes the bail application and submits that earlier preventive proceedings in complaint No. 232/2003 were initiated against the applicant under Section 151, 107 and 116 of

the Cr.P.C. which shows his conduct therefore, his bail application may be dismissed.

5. Perused the matter.

6. On due consideration, as the applicant is in jail since 1 month and 10 days, though preventive proceedings was initiated against the applicant 14 years ago, but looking to the quantity of the liquor, and as stated he will not commit any offence in future and trial may take some time, I am inclined to grant one opportunity to the applicant to live peacefully in the society without committing any crime. Consequently, instant MCRC is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety of the like sum to the satisfaction of the CJM Baloda Bajar CG for his appearance before the said Court regularly as and when directed by the said Court.

7. It is made clear that this order granting bail to the applicant shall stand cancelled automatically without reference to the bench by the Court below if (i) the trial Court finds that the applicant suppressed filing or pendency of any other application for grant of bail before this court or the Hon'ble Apex Court intentionally, (ii) the applicant does not cooperate in the trial; (iii) the applicant is found to be involved in any offence of the like nature: (iv) the trial Court finds that the applicant remains absent without any sufficient and cogent reason. If bail is cancelled automatically in view of above, the Court below may proceed further under the provisions of law under intimation.

8. CC as per rules.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak